Woman sues Worcester police officer, claims brutality

Tuesday

Feb 18, 2014 at 10:00 PM

By Steven H. Foskett Jr. TELEGRAM & GAZETTE STAFF

WORCESTER — A city woman is alleging in a federal lawsuit that a city police officer violated her civil rights and left her with injuries after a "vicious beating and unwarranted arrest" at her home last year.

In the civil action, filed Feb. 7 in U.S. District Court, Daisy L. Morales, 62, alleges that on the third police visit to her apartment at 35 Lafayette St. the morning of Feb. 25, 2013, Officer James Powers, accompanied by other officers, swore at her, accused her of lying, and told her he was "sick of dealing with you Latinos."

Police referred questions on the lawsuit to the city Law Department. City Solicitor David Moore could not be reached for comment Tuesday afternoon.

The lawsuit alleges that Officer Powers told Ms. Morales she was keeping a disorderly house and that she could be arrested. A woman in the apartment at the time, Sheila Alles, asked the officer why he was speaking to Ms. Morales that way, according to the lawsuit.

Officer Powers then told Ms. Alles he was going to arrest her, flipped her around, slammed her on a sofa, and put her in handcuffs, the lawsuit says.

According to the lawsuit, when Ms. Morales alleged police brutality, the officer responded by shouting, "I will show you police brutality."

The lawsuit says that the officer then "charged at the diminutive Ms. Morales, picked her off the ground, and body slammed her with all his might."

The lawsuit alleges that Ms. Morales suffered broken bones.

According to district court records, Ms. Morales was arrested and charged with disturbing the peace, keeping a noisy and disorderly house, and resisting arrest. At a jury trial in October, she was found not guilty of all charges, according to court records.

A statement of facts from the original arrest is signed by Officer Powers. It says that Ms. Morales "continued to fight, yell and scream obscenities, disturbing multiple neighbors."

The statement of facts says she refused to quiet down after police responded many times to her apartment for the same complaint.

The statement of facts says that Ms. Morales fell to the ground, balled up, and refused to give her hands to be handcuffed.

The lawsuit, which names the city along with Officer Powers as defendants, alleges violations of the Civil Rights Act, malicious prosecution, false arrest and imprisonment, intentional infliction of emotional distress and assault and battery. The lawsuit demands a jury trial, and requests the court award damages.